Evading Police – What Will Happen?

Evading Police? Many of our favorite action movies include a scene where multiple police cars chase a suspect down a highway or through a major city center. These scenes seem exciting and packed with adrenaline, but in real life, driving away from the police is a serious crime with serious penalties. According to the California Vehicle Code 2800.1, “evading a peace officer” is defined as being pursued by police cars or bicycles, and “willfully” driving away from them instead of stopping. The police vehicle must have been marked as such and could have a siren if required. Inside the vehicle, the officer would have to be wearing a distinctive uniform indicating they are an officer. Furthermore, “willfully” evading the officer is defined as having the specific intent to illegally evade the officer. While evading the officer, the defendant must have seen a visibly red lamp ahead of them but ignored it.

How to defend against an accusation of evading an officer?

This crime is not light in punishment and can damage your life if convicted of it. Therefore, if you or anyone else has been falsely charged with evading an officer while in a vehicle, immediately seek the advice of an experienced defense attorney, like those of us at Law Advocate Group, LLP. Possible defenses include arguing that not all of the necessary elements of the crime were proven by the prosecution, or that in fact, the defendant had no intention of evading the officer.

What are the penalties for this crime?

If convicted of having evaded an officer while in a vehicle, the defendant will face a misdemeanor charge. The associated penalties include the impounding of the vehicle used to evade the officer, spending one year in a California county jail, and paying a fine of up to a maximum of $1,000.